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Scottish litigants, rebels and cautioners
(1578-1585)The Privy Council of Scotland exercised a superior judicial authority in the kingdom, and consequently received and dealt with a constant stream of petitions, as well as dealing with the internal security of the state. This register of the council from 17 June 1578 to 31 July 1585, in the reign of king James VI, was edited by David Masson, and published under the direction of the Lord Clerk Register of Scotland in 1880. Some of the individuals mentioned are the complainants, those of whom they complained, and the sureties on both sides: at this period, some of the complainants are alleging serious attacks, often of a feuding nature. Many of the bonds entered into by the cautioners are promises to keep the peace towards such enemies. Failure to answer to the council when summoned was a serious contempt, leading to being denounced a rebel, with serious consequences. But 'horning' was also used in the pursuit of debts: there was no imprisonment for debt in Scotland, but a creditor could have an obstinate debtor ordered, in the sovereign's name, to pay what was due, failing which, the debtor could be put to the horn, denounced as a rebel, and imprisoned as a rebel. The main text (to page 762) is from the Acta Secreti Concilii, containing the minutes of the Privy Council, and of occasional Conventions of the Estates. After that are printed some miscellaneous Privy Council documents from the same years. The sources most productive of names, the Acta Cautionis and Registration of Bands, are also the most repetitive in form, and are not transcribed verbatim and literatim: nevertheless, one of the editor's rules was for 'All proper names and names of places occurring in the originals to be preserved in the abstracts without exception, and in the exact original spelling.'